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Birthdad was here illegally..

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kwhaley

Member
What is the name of your state? NC

I have full custody of a 3 year old.. we've had him since he was 3 months old. Birthmom hasn't seen him in two years this past October. We're are planning to adopt him, but my main concern is that I think birthdad believes that he is with birthmom (who he wants nothing to do with, so he hasn't had anything to the baby). Birthdad is here illegally from Mexico and we've "heard" that he was deported, but not sure on that. Worse case scenario how will the courts look at this if he all of a sudden shows up even though he's here illegally? Will that play a part in the decision. Birthdad has also been in jail on felony charges.

We're in the process of adopting JT's younger brother also. Different birthdad. It's still a case with DSS.. so they're handling the adoption and tpr for that.

Thanks in advance..

Is there anyway to find out for sure if someone has been deported?
 


kwhaley

Member
Ahhh.. yes, yet again a legit question is asked, but no legit answer given. If you don't know, just say so.

And to answer your question.. nope has nothing to do with it.. I just don't want to risk losing my baby.
 

stealth2

Under the Radar Member
Ahhh.. yes, yet again a legit question is asked, but no legit answer given. If you don't know, just say so.

And to answer your question.. nope has nothing to do with it.. I just don't want to risk losing my baby.
He's not your baby, yet. And yes, Dad would have every right to contest the adoption. And gain custody of his child.
 

Ohiogal

Queen Bee
Ahhh.. yes, yet again a legit question is asked, but no legit answer given. If you don't know, just say so.

And to answer your question.. nope has nothing to do with it.. I just don't want to risk losing my baby.
Birthdad has every right to gain custody of HIS child up until his rights are terminated. And this is not "my baby." This child is your foster child.
 

Silverplum

Senior Member
Here is your first post here on the topic, in 2004. Notice the bolding.

You've been fighting a losing battle since then.

What is the name of your state? NC

My husbands cousin had a baby in prison. The baby is now in foster care, but we're in the process of doing the home study w/ the mothers approval to take the baby. She wants the baby when she get out. She told my husband last night that when we go to court at the end of the month that she wants to sign over the baby to us for temporary legal custody, which means DSS would no longer be involved in the case, so we're told. My question though, is if when she gets out, will she just be able to walk up to our door step and take the baby back, or will social services come back in the case and make sure that she is a suitable mother, before we have to give him back. She has a history of drugs (using and selling, prostitution, stealing, etc). I don't want to give him back unless I know that he'll be taken care of and that she has changed, and won't put him in harms way.

Will they give the baby back if she's on probation? It's doubtful that she'll be able to take care of the baby responsibly, so we have a good chance of adopting him later, which we would do in a heart beat.
 

kwhaley

Member
He's not your baby, yet. And yes, Dad would have every right to contest the adoption. And gain custody of his child.
Thank you! All I needed to know.

I have been taking care of this baby since he was three months old.. got full legal custody of him when he was 6 months old.. yes.. he is my baby. His bio parents have never wanted anything to do with him.. so yes he is mine!
 

kwhaley

Member
He's not a foster child..

Here is your first post here on the topic, in 2004. Notice the bolding.

You've been fighting a losing battle since then.
Not a losing battle.. you're quoting 3 years ago! I still have him, he's still happy and loved and his bio parents could care less about him. Bio mom has not seen him in two years.. nor does she care to.. and because of her drug and alcohol abuse he is Austistic and mentally handicapped.. a losing battle? I don't think so.

You're trying to make a mountain out of a mole hill! I just wanted to know what my risks were and I found out. So thanks..
 

LdiJ

Senior Member
Just to throw in a piece of information. If dad was in jail for a felony, then he WAS deported. The question is whether or not he has returned.
 

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